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Order of Court Date

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C

cetin

Guest
FL

I had received an order to appear in court on a certain date. I had appear, the Judge had no record of the hearing on file. There is a schedule in front of the court room which had my name and time to appear. I have a document that shows my time and date. The Judge had phoned the Attorney because they were appearing telephonic. The attorney wasn't available and the Assistant was taking the phone call. The assistant said they tried to cancel the hearing, and they were not ready because the docments were returned to them. The clerk of courts office state there was no such case. The point is that I showed up for my hearing and the Judge and Attorney were not prepared. The judge had cancel the hearing for that day. The Judge did say it was my lucky day and she dismiss me.

What is the recourse for me. I was there and ready. Can they cancel because they were not ready? I feel this is unfair to me. I was there!!
Any advise.
 


BL

Senior Member
What is the recourse for me. I was there and ready. Can they cancel because they were not ready? I feel this is unfair to me. I was there!!
Any advise. [ quote ]

It's kinda Odd you were on the calendar and the Judge didn't have the file in front of him/her.

Were you the Plaintiff ?

I'd show up on the New date prepared .
 
C

cetin

Guest
I am the Defendant.

How can they cancel the hearing without any documentation or an order to cancel?
 

BL

Senior Member
How can they cancel the hearing without any documentation or an order to cancel?

The Judge didn't cancel or dismiss the case.
The Judge rescheduled it ,due to not having the case file in front of him/her and, due to the plaintiffs not being ready,and stating they tried notifying the court of that fact,and to request that it be rescheduled.
 
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C

cetin

Guest
Legally how can they do that, if I show up for the hearing? I had made my court appearance in a timely fashion.

Now, if I had used that same excuss the Judge would have ruled against me.
 
C

cetin

Guest
P.S. The Judge did have the file in front of her. She just didn't have the Order for the schedule hearing.
 

BL

Senior Member
This makes no sense .
What was the Written ruling of the court on the date you appeared ?
 
C

cetin

Guest
I was to appear for final judgement. The dispute is contract against Discover Bank. However, I was there and Attorney was not.
 

BL

Senior Member
OK , let's see if I got this straight .

Discover Petitioned small claims against you.
You were served summons for a court date and time .
You appeared ready for the hearing , and saw your case posted for that date.
The clerks said they had no record of it.
The Judge had the file,contacted Dicover's Lawyer's office by telephonic contact.
The Lawyer's assistant said they tried to contact the court that they were not ready,as the documents they filed were returned to them . And they need an adjournment ??

The Judge granted it, and a New Date was set .

[ Or was the case Dismissed " Without Prejudice ", and they refiled ,and now you have to reappear ?

What does the record of proceeding state ? ] 2 questions :

The Judge obviously made a ruling that day .
 
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